PART B – International standards in the Istanbul Protocol
• Be able to compel an internal police investigation unit to forward any and all
complaints to it for review
• Publish annual reports on the cases it
has reviewed and recommendations
made, together with how the matter was
resolved
• Establish relationships with (other) human rights groups who may provide
critical expertise throughout their operation142 and should set up public outreach
programmes to increase their profile
• Provide practical training to official authorities on adhering to human rights
standards and of best practices for investigating allegations of torture
• Generally, advocate for increased powers of investigation and competence to
receive individual complaints.
Judges
As a complaint of torture or ill-treatment
may be made to a judge, judges should have
the power to open an independent criminal
investigation if they hear credible allegations of torture at any stage of criminal proceedings.143 Judges should open an investigation where there are reasonable grounds
to believe torture has been committed, even
if there has been no complaint, as a defendant may be reluctant to complain about
their ill-treatment when they appear before
a judge for fear of reprisals. Judges should
implement the following measures:
• If necessary, establish a simple procedure for individuals to complain directly
to the court
What action can be taken to challenge the effectiveness of an investigation on the grounds that it
has not been opened promptly?
• Ensure that the complaint is filed
in writing and date stamped
33
• Use existing visiting powers to interview
detainees and enable them to bring complaints directly
• Utilise (and if necessary set up) a mechanism between judges and the appropriate investigatory body to commence a
criminal investigation
• If they are supervising an investigation,
ensure that the relevant body is conducting the investigation in a manner consistent with international standards and
the “best practice” suggested.
5. ACTION AT THE NATIONAL
LEVEL TO IMPROVE THE EFFECTIVENESS OF INVESTIGATIONS
Different types of investigative mechanisms
have been established in numerous countries.144 However, the gap between the international standards on the obligation to investigate allegations of torture “effectively”
and the reality in domestic law and practice
is evident; and greater in some countries
than others.145
To reduce this gap, lawyers should include
international standards in both their advocacy efforts and their legal argumentation.
It is important to find domestic legal provisions that reflect these international standards (if they exist) while always making
reference to the State obligations under international law.
• Write to the complaint body to request a formal reply to the allegation, and request to obtain a copy
of their review procedures
• Apply as soon as possible for judicial review on the effectiveness
of the investigation (or take other
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